Please read the following.
This Agreement (“Agreement”), by and between ResellerRatings.com, belonging to the Answers TM group of companies ("ResellerRatings.com"), and Participating Merchant ("Merchant") is entered into, (i) following your indication of acceptance of, and agreement with, all of the terms and conditions set forth herein ("Acceptance") by subscribing to the Merchant Member Program on the webpage where this Agreement appears at http://www.resellerratings.com/forum/payments.php, or by your verbal or written authorization by phone or email to ResellerRatings.com to manually subscribe you to the Merchant Member Program, and (ii) upon ResellerRatings.com’s acceptance and confirmation of you as a member of the Merchant Member Program (”Confirmation”).
As used in this Agreement, the following terms shall have the following respective meanings:
If to ResellerRatings.com:By email: firstname.lastname@example.org By postal mail: ResellerRatings.com
If to Merchant: To the address, physical or email, as specified by Merchant as part of its registration for the Merchant Member Program(d) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned, in whole or in part by Merchant without the prior written consent of ResellerRatings.com. This Agreement and any of the rights, interests or obligations hereunder may be assigned, in whole or in part by ResellerRatings.com without the prior written consent of Merchant. (e) The headings contained in this Agreement are inserted for convenience of reference only and shall not in any way affect the meaning or interpretation of this Agreement. (f) ResellerRatings.com may modify or amend any of the terms or conditions contained in this Agreement at any time. Upon the occurrence of any material modification or amendment, ResellerRatings.com will notify you. If the modification or amendment is unacceptable to you, your sole recourse shall be to terminate this Agreement in accordance with the provisions hereof. Your continued participation in the Merchant Member Program for a period of ten (10) business days following the receipt of any such notice will be deemed to constitute Merchant's binding acceptance of such modification or amendment. (g) The failure of any party hereto to comply with any representation, warranty, covenant or agreement contained in this Agreement may be waived only by a written instrument signed by the party granting such waiver. No failure by a party to take any action with respect to any breach of this Agreement or default by the other party shall constitute a waiver of such party's right to enforce any provision hereof or to take any such action. The waiver by any party hereto of a breach of any provision hereunder shall not operate as a waiver of any prior or subsequent breach of the same or any other provision hereunder. (h) Any provision hereof which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof. (i) Merchant agrees that in the event a dispute arises concerning its use of resellerratings.com, or any other program or service offered by ResellerRatings.com, that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, Merchant agrees that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. Merchant agrees that all arbitration proceedings will be conducted in San Francisco, CA., and further agrees that any interim or preliminary relief sought shall be brought exclusively in a court of competent jurisdiction in the County of San Francisco, CA. (j) The relationship of the parties to this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Neither party shall take any actions that would suggest to any third party that the relationship between the parties is anything other than that of independent contractors. (k) Neither party shall be liable for, have the right to terminate this Agreement or claim damages as a result of the other party's failure or delay in performance due to circumstances beyond such party's reasonable control (except for the nonpayment of money), including but not limited to labor disputes, strikes, lockouts, shortages or inability to obtain energy, war, riots, insurrection, epidemics, earthquakes, fires, acts of God, governmental action, third party network or telecommunications failures and third party internet "brownouts." (l) ResellerRatings.com operates the Web site from its offices in the United States of America and makes no representation or warranty that its content or use is legal in any other location. Access or use where illegal is prohibited. Merchant is responsible for compliance with applicable local laws. Merchant represents and warrants that it will refrain from taking any actions that contravene any such laws. If Merchant is an individual, Merchant represents and warrants that he or she is at least 18 years of age. (m) ResellerRatings.com reserves the right to refuse to display any HTML Advertisement or Logo Advertisement which is libelous, scandalous, obscene, vulgar, or otherwise deemed unsuitable for placement upon the Web site. Such determination shall be made according to the sole discretion and judgment of ResellerRatings.com.
Please read the following.
ResellerRatings.com respects the privacy and security of its users. Our goal is to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we sometimes collect information as you interact with our online services to understand what differentiates you from each of our millions of other users.
In order to demonstrate our commitment to your privacy, we have prepared this statement disclosing the privacy practices for the entire ResellerRatings.com site. Additional terms and conditions regarding the collection and use of your information are also provided to you before you register. Here, you will learn what personally identifiable information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.
ResellerRatings.com collects certain information from and about its users in three ways -- directly from the user, from our Web server logs, and with cookies.
You should remember that whenever you voluntarily disclose personal information online, such as in message boards, through e-mail, discussion groups, or in chat areas, your information can be collected and used by others. Although ResellerRatings.com tries to protect your personal information, ResellerRatings.com cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are also solely responsible for maintaining the secrecy of any passwords you set up and/or any account information.
We use information in different ways to give you the best experience.
Your access to some services and content is password protected. We recommend that you do not divulge your password to anyone. ResellerRatings.com will never ask you for your password in an unsolicited phone call or in an unsolicited email. You should not disclose your user name and password to others. In addition, if applicable, you should remember to sign out of your ResellerRatings.com account or service at the end of each session. You may also wish to close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, ResellerRatings.com cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information to us at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.
ResellerRatings.com sends the following types of emails to our users:
ResellerRatings.com may disclose personal information to affiliates or to third party vendors, consultants, and other service providers who are working on our behalf.
Also, your personal information may be disclosed or transferred to one or more third parties in connection with, or during negotiations of, any merger, sale of company assets, financing, restructuring or acquisition of all or a portion of our business to or by another company. When you are at the ResellerRatings.com site and asked for personal information, you share that information with ResellerRatings.com (or to affiliates and/or vendors providing services on behalf of ResellerRatings.com) alone, unless the service is offered in conjunction with another party. For example, some ResellerRatings.com services are offered in conjunction with another company. In order to provide such co-branded services to you, it is necessary for us to share your personal information with the company offering the co-branded service. If you do not want your data to be shared, you can choose not to allow the transfer of data by not using that particular service. If you choose to share your data with a provider of a co-branded service, you should understand that those providers may have separate privacy and data collection practices. ResellerRatings.com has no control over and accepts no liability for these independent practices. Each provider should more information regarding its privacy and/or use policies.
If you use another ResellerRatings.com service, we may send you a confirmation e-mail confirming your new account and/or service. The message will be sent to the address that you supplied us and will describe ways for you to change or delete the account information provided. Remember to keep the confirmation e-mail as it will also contain information that will help you in case you run into problems accessing our services. We welcome any questions or comments you have about Resellerratings.com: please direct them to our contact form.
To stop receiving any kind of emails from ResellerRatings.com, contact us and provide your email address. Our Mailing Address to Contact Us:
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Betty Mills, Victor Hanna CEO